Emerald Oaks Hotel/Conference Center, Inc. v. Zardenetta

The issue in this original mandamus proceeding is whether an oral pronouncement and docket entry may be used in lieu of a written order to reinstate a cause previously dismissed for want of prosecution. A majority of the court answers no and holds that an order of reinstatement must be in writing and signed during the period of the trial court’s plenary power and jurisdiction. The trial court’s order of reinstatement conflicts with Texas Rule of Civil Procedure 165a(3) and Walker v. Harrison, 597 S.W.2d 913 (Tex.1980, orig. proceeding).

Relators Emerald Oaks Hotel/Conference Center, Inc.,…